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250 West Nyack Road, Suite #200 West Nyack, NY 10994
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We respect our customers and want to protect them. These policies were instituted to keep your information safe and to insure that the actions of one user do not interrupt service to RustyBrick and its customers as a whole.
Abuse Policy - Designed to protect our customer and RustyBrick. This policy insures against hateful, unjust, or criminal activities that could potentially hamper our systems and access to your web pages.
Billing Policy - This document provides information regarding the RustyBrick billing policy. This document contains details of the procedure on how and when you are billed.
Copyright Statement - Our copyright statement is here to provide a use of content agreement applicable to any visitors browsing the RustyBrick Website or any content produced by RustyBrick.
Terms of Service - For any other information not expressed above, please consult the RustyBrick Terms of Service agreement.
The accceptable conduct policy (the "Policy") for RustyBrick services is designed to help protect RustyBrick and its customers, and the Internet community in general from irresponsible, or in some cases, illegal activities.
RustyBrick customers shall not, nor shall they permit or assist others to abuse or fraudulently use RustyBrick Services, including but not limited to the following:
As stated in the terms and conditions for RustyBrick Services, RustyBrick has the right to terminate the account of an offending customer or take other action as RustyBrick deems appropriate without notice (e.g., address filtering).
RustyBrick reserves the right to modify this policy at any time, and without warning.
Web Development Billing Procedures
RustyBrick offers varies options to pay for our web development services. For billing information or payment email: firstname.lastname@example.org.
Hosting Billing Procedures
RustyBrick offers 3 month, 6 month, and 12 month Billing cycles to all customers. For billing information or payment email: email@example.com.
Personal or Company Check - Customers who pay by check are mailed statements via US Postal Service, with the payment due noted on the statement. Payments are considered late 15 days after the due date and the account will be suspended. If your account is suspended due to non-payment there is a $10 reinstatement fee. All invoices and payments from the previous month will are detailed in the monthly statement that you receive.
We are sorry, as of now we do not accept any other method of payment.
Disk Usage - If you exceed you allowed disk usage for your account you will be billed a rate of $5.00 per 20 MB. Your disk usage is calculated by the average amount of space you have used each day in a calendar month. Please remember that the following items count against your disk usage. (all directories/files in your home directory, all directories/files in your anonymous FTP directory, your mailbox(es), and any database that you might be using)
Data Transfer - For accounts that use a set data transfer limit, RustyBrick charges $10 per 500MB should you exceed your allowed data transfer. If you exceed your data transfer limits, you will be automatically billed. Please pay close attention to use data transfer by watching your logs.
Refund Policy - Each of RustyBrick's web hosting plans carries a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding mandatory setup fees and overages. There are no refunds on prepaid amounts after the 30 day money back period has elapsed.
All cancellations must be received in writing as per the deadlines indicated; postal mail and fax notifications are acceptable. Phone and email requests will not constitute acceptance of any cancellation. There are no refunds on a la carte services, dedicated servers or server co-location.
Reinstatement Fees - Any account that is suspended due to non-payment will incur a $10 reinstatement fee.
Accounts are suspended upon 15 days past due.
Accounts are completely removed from our servers upon 30 days past due and the account will be referred to our collection agency.
Copyright © 1995-2007 RustyBrick, Inc., 50 West Nyack Road, Suite 200, West Nyack, NY 10994, U.S.A. All rights reserved. Any person is hereby authorized to view, copy, print, and distribute [this] document on this site subject to the following conditions:
Note that any product, process or technology described in the document may be the subject of other Intellectual Property rights owned by RustyBrick and on another party are not licensed hereunder.
THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THIS PUBLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE PUBLICATION. RUSTYBRICK MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS PUBLICATION AT ANY TIME.
For further information on Intellectual Property matters contact RustyBrick Intellectual Property Department at 845-352-3707
Any questions or bug reports regarding this service should go to:
RustyBrick has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: rustybrick.com.
We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you, your shopping cart and to gather broad demographic information.
Our site's registration form requires users to give us contact information (like their name and email address) and financial information (like their account or credit card numbers). We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Financial information that is collected is used to bill the user for any subscribed RustyBrick services.
This site contains links to other sites. rustybrick.com is not responsible for the privacy practices or the content of such other web sites.
Our site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to send orders and information about our company to our customers. The customer's contact information is also used to get in touch with the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Financial information that is collected is used to bill the user for products and services.
Our online surveys ask visitors for contact information (like their email address). We use contact data from our surveys to send the user information about our company. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Financial information that is collected from our users is used to bill the user for products and services.
RustyBrick does not divulge any customer information to third parties, and all information is secured on our servers. This insures that our customers data is safe, and only RustyBrick and the customer know the data that they have entered to our system.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All sensitive data which RustyBrick stores on its servers regarding customers is encrypted and stored on a secured server, using new encryption methods. This safeguard will help to insure that any customer information which RustyBrick contains is only available to RustyBrick and that customer.
Our site provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor.
This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.
This site gives users the following options for changing and modifying information previously provided.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
RustyBrick, owned and operated by RustyBrick. ("RUSTYBRICK"), is provided to you ("Member") under the terms and conditions of this RustyBrick Terms of Service (TOS) and any operating rules or policies that may be published by RustyBrick. The TOS comprises the entire agreement between Member and RustyBrick and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2. DESCRIPTION OF SERVICE
RustyBrick is providing members with the capability to operate a website using RustyBrick equipment, connected to a dedicated Internet connection, and to send and receive electronic mail ("email") via pop mail on RustyBrick's own system, along with limited unix shell access. RustyBrick will charge Member for this Service. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a personal connection to the Internet; (2) provide for own access to the Internet and pay any telephone service fees associated with such access.
In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants RustyBrick the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs RustyBrick, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) RustyBrick is required to disclose such information by any applicable law or legal process served on RustyBrick.
If any information provided by Member is inaccurate, RustyBrick retains the right to terminate Member's membership, rights to use the Service and keep any fees collected for the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
RustyBrick may change the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, RustyBrick will notify you through electronic mail. By continuing to use the Service, you agree to be bounded by the changes. You may terminate your use of the Service at any time without refund.
Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TOS and its modifications; and (2) agreement by Member to abide and be bound by the TOS and its modifications.
4. MODIFICATIONS TO SERVICE
RustyBrick reserves the right to modify or discontinue the Service with or without notice to Member. RustyBrick shall not be liable to Member or any third party should RustyBrick exercise its right to modify or discontinue the Service.
Email is not private correspondence between the sender and the recipient.
It is RustyBrick's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, RustyBrick may monitor, edit, or disclose the contents of a Member's private communications only when required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on RustyBrick; (2) protect and defend the rights or property of RustyBrick; or (3) act under exigent circumstances to protect the personal safety of its members or the public.
Member acknowledges and agrees that RustyBrick neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Member acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time.
Member agrees to immediately notify RustyBrick of any unauthorized use of Member's account or any other breach of security known to Member.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS.
RUSTYBRICK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RUSTYBRICK MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RUSTYBRICK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
RUSTYBRICK MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM RUSTYBRICK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
RUSTYBRICK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF RUSTYBRICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member may only be an individual: Member may not be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service, without the express consent of RustyBrick.
10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
RustyBrick assumes no responsibility for the deletion or failure to store email messages.
RustyBrick has set no fixed upper limit on the number of messages a Member may send or receive through the Service; however, RustyBrick retains the right, at RustyBrick's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service without warning or refund if a Member's conduct is found to be inconsistent with the TOS.
12. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service.
Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
RustyBrick may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the TOS.
Member agrees to indemnify and hold RustyBrick, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TOS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
Either Member or RustyBrick may terminate the Service with or without cause at any time and effective immediately. RustyBrick shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify RustyBrick of termination.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and RustyBrick will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail addressed to RustyBrick, Inc., 50 West Nyack Road, Suite 200, West Nyack, NY 10994. RustyBrick may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. RustyBrick assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by RustyBrick or RustyBrick's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
The TOS shall be governed by and construed in accordance with the laws of the state of New York, including its conflict of law provisions.
Member and RustyBrick agree to submit to the exclusive jurisdiction of the courts of the state of New York, with the original venue being in Putnam County.
If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
RustyBrick's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RustyBrick in writing.
Member and RustyBrick agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
250 West Nyack Road, Suite #200 West Nyack, NY 10994